HomeMy WebLinkAboutCOW 2009-05-26 Item 4E.8 - Ordinance - Street Vacation of Frager Road (Tukwila South Project) COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER. 09-073 'ORIGINAL AGENDA DATE: MAY 26, 2009
AG Pm) ITENITin.E An Ordinance vacating a portion of Frager Road as part of Tukwila South Project.
C.l I Discussion Motion 1 1 Resolution Ordinance n Bzd Award Public- Hearing n Other
:l1tg Date 5/26/09 Altg Date Altg Date A1tg Date 6/1/09 Mtg Date Altg Date 06/01/09 Altg Date
1SP Council illayor Adn Svcs DCD Fznance Fire legal PLR Police PI
SPONSOR'S Vacation of a portion of Frager Road property to be exchanged with La Pianta LLC for land
SI »MM. \R\ for Southcenter Parkway right -of -way.
RI \'II ?wl.:1) BY N COW Mtg. 1 1 CA &P Cmte 1 1 F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. 1
DA 1E: 05/26/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
C()MIMrrlEE
COST IMPACT FUND SOURCE
ExPI ?NDITURI{ REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
1 MTG. DATE RECORD OF COUNCIL ACTION
I 05/26/09
MTG. DATE ATTACHMENTS
05/26/09 Informational Memorandum dated 05/26/09
Draft Frager Road street vacation ordinance with Exhibit.
06/01/09
I
ILA ii,
o 7A� City of Tukwila
a 0 Jim Haggerton, Mayor
9pB INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
City Council
FROM: Lisa Verner, Mayor's Office
DATE: May 26, 2009
SUBJECT: Tukwila South Project Right -of -Way Vacation and Declaration of
Surplus Property
ISSUE
Property exchange between the City of Tukwila and La Pianta. The City will vacate
portions of the Southcenter Parkway Right -of -way and a portion of the Frager Road
Right -of -way as well as declare the S. 200 Street storm pond as surplus in exchange
for the dedication of new Right -of -way for Southcenter Parkway by La Pianta LLC.
BACKGROUND
Sections 4.3.2, 4.11 and 4.12 of the Tukwila South Project Development Agreement
address the vacation, surplus and conveyance of land to and from the City of Tukwila
and La Pianta LLC. As part of the Tukwila South annexation the City will assume
control of all public rights of way and stormwater facilities within the annexation area.
The City and La Pianta propose to undertake major infrastructure improvements within
the Tukwila South Project area. In order to accommodate the proposed infrastructure
improvements the City and the La Pianta must exchange land within the project area.
City will convey the following to La Pianta and Others:
Property Size Size Preliminary
(SF) (Acres) Appraisal Value
1. Surplus Property:
This pond will not be needed as 31,363 sf .72 acres $30,000
storm water runoff for S 200 Street
and Southcenter Parkway will be
directed to the South Pond in the
regional system to be constructed by
La Pianta LLC as part of the
proposed Tukwila South Project
development.
INFORMATIONAL MEMO
Page 2
2. Size Size Preliminary
Southcenter Parkway Vacation: (SF) (Acres) Appraisal Value
In order to accommodate 198,084 sf to 4.5 acres; $1.85 Million
reconstructing and realigning La Pianta LLC;
Southcenter Pkwy, Southcenter 17,190 sf to .4 acres
Parkway ROW will be vacated to La Gaco
Pianta LLC, Gaco Western and Western,
Mitchell Moving. Mitchell
Moving
3. Fraser Road Vacation:
As part of the property exchange, 140,784 sf 3.23 acres $1.95 Million
Frager Road ROW will be vacated to
La Pianta LLC.
Totals: 387,421 sf 8.9 acres $3.83 Million
La Pianta will convey the following to the City:
Property Size Size Preliminary
(SF) (Acres) Appraisal Value
1. Southcenter Parkway ROW:
La Pianta LLC will donate ROW for 582,757 sf 13.38 $6.2 Million
new, relocated Southcenter Parkway acres
Staff anticipates that the final appraisal will be completed by June 1, 2009.
DISCUSSION
In order for the City to realign and reconstruct Southcenter Parkway, La Pianta LLC is
donating approximately 13 acres as the necessary additional right -of -way.
The property that the City is proposing to convey to La Pianta consists of both real
property (stormwater pond property) and right of way (approximately 9 acres). There
are specific requirements that the City must follow in order to disposal of the storm pond
and the right -of -way.
Stormwater Pond Property
The City's "Disposal of City Assets" policy (City of Tukwila Administrative Manual, index
300 -07) governs the disposal of city property. In this case, Item 3.b. Utility Assets calls
for a public hearing and a resolution to dispose of properties used for utility purposes.
Since the storm pond property was originally acquired for use by a utility (King County
stormwater) disposal of the property must be consistent with Revised Code of
Washington (RCW) 35.94.040. The City Council is required to declare the property as
VJ \2009 Infofvlemos \Infomemo Surplus- Vacations 5- 26 -09.doc
INFORMATIONAL MEMO
Page 3
surplus after a public hearing is held. Additionally, the resolution declaring the property
as surplus must state the the consideration to be paid and such other terms and
conditions for such disposition as the legislative authority deems to be in the best public
interest
The public hearing on declaring the stormwater pond as surplus has been scheduled for
June 1, 2009
Vacation of Southcenter Parkway and Fraser Road
The City proposes to vacate portions of Southcenter Parkway and a portion of Frager
Road, after it is annexed into the City. These portions of right -of -way will no longer be
needed. Southcenter Parkway is being relocated westward to the toe of the west hill
which is the west boundary of the Tukwila South Project.
The rights -of -way are being vacated in favor of the adjacent property owners. Most of
the vacated right -of -way will go to La Pianta LLC with the portions abutting their
properties going to Mitchell Moving and Gaco Western.
To vacate City right -of -way the City must adopt a resolution setting a public hearing.
The City Council completed this on May 4, 2009 and the public hearing has been set for
June 1, 2009. At that meeting the City Council will asked to adopt two ordinances which
will vacate portions of Southcenter Parkway and Frager Road.
RECOMMENDATION
Forward the draft surplus resolution and two draft vacation ordinances to the
June 1, 2009 Regular Meeting for public hearings and possible adoption.
ATTACHMENTS
1. Draft Resolution for surplus property with map
2. Draft Southcenter Parkway Vacation Ordinance, with legal description and map
3. Draft Frager Road Vacation Ordinance, with legal description and map
W12009 IntoMen'os\Infomem0 Surplus Vacations 5- 26- 09.doc
pn A T
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING PORTIONS OF THE EXISTING FRAGER
ROAD RIGHT -OF -WAY FROM APPROXIMATELY EXISTING CITY
LIMITS, AS OF THE DATE OF ORDINANCE ADOPTION, TO SOUTH
200TH STREET, FOR THE TUKWILA SOUTH PROJECT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real
property, and La Pianta LLC owns or controls approximately 503 of those acres, which
is known as the "Tukwila South Property," generally located between the boundaries of
South 178th Street /South 180th Street on the north, South 204th Street on the south;
Orillia Road and Interstate 5 on the west; and the Green River on the east; and
WHEREAS, the Tukwila South Property is located within an Urban Growth Area
and is appropriate for urban development pursuant to the Growth Management Act,
and the City's adopted Comprehensive Plan, and
WHEREAS, La Pianta intends to develop the Tukwila South Project consistent with
the Tukwila South Master Plan, which envisions the creation of a major new
employment and housing base on the Tukwila South Property; and
WHEREAS, the City Council accordingly entered into a Development Agreement
with La Pianta LLC for the Tukwila South Project by adopting Ordinance No.
and
WHEREAS, the Development Agreement calls for an extension of Southcenter
Parkway in a new alignment to function as the major transportation arterial through the
site; and
WHEREAS, on June 1, 2009, following required public notification, the City
Council conducted a public hearing on the matter and at the conclusion of such hearing
determined the aforementioned right -of -way should be vacated;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Conclusions. The City Council makes the following
findings and conclusions:
Upon completion of the extension of Southcenter Parkway in a new alignment
along the west edge of the valley floor as described in the Development Agreement,
portions of Frager Road from approximately existing City limits as of the adoption of
this ordinance to South 200th Street will not be needed for right -of -way and public
vehicular travel as part of the City's street system and there is no remaining public use
or benefit to these portions of Southcenter Parkway following the dedication of the
right -of -way necessary for the new Southcenter Parkway alignment.
Section 2. Street Vacated. After making the above findings regarding the proposed
street vacation, the City Council finds that the easement for public vehicular travel on
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Frager Road from approximately existing City limits, as of the date of ordinance
adoption, to South 200th Street, as the right -of -way is more particularly described in
Exhibit A, and depicted on the map attached as Exhibit B, shall be vacated upon the
conditions set forth herein.
Section 3. Consideration. The consideration for this vacation is La Pianta LLC's
obligations to the City in the Development Agreement.
Section 4. Conditions Precedent. The following conditions shall be met prior to
vacation of portions of Frager Road right -of -way:
1. La Pianta LLC shall dedicate all right -of -way necessary for the realignment and
construction of relocated Southcenter Parkway along the east edge of the valley as
described in the Tukwila South Project Development Agreement adopted by City
Council by Ordinance No.
2. The construction of the relocated Southcenter Parkway in the new alignment
shall be complete as described in the Tukwila South Project Development Agreement
adopted by the City Council by Ordinance No.
3. La Pianta LLC has delivered to escrow the deed for the donation of land for the
Fire Station as described in the Tukwila South Project Development Agreement adopted
by the City Council by Ordinance No.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. If La Pianta, LLC provides proof of compliance with all
conditions precedent to this vacation, the street vacation shall be effective. Otherwise,
this street vacation shall be null and void. After receipt of such proof, the City Clerk is
hereby directed to record a certified copy of this ordinance. This ordinance or a
summary thereof shall be published in the official newspaper of the City, and shall take
effect and be in full force five days after passage and publication as provided by law
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009.
ATTEST AUTHENTICA
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council.
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Attachment: Exhibit A Legal Description
Exhibit B Map
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EXHIBIT A
VACATED PORTION OF FRAGER ROAD
That portion of Frager Road (also appearing of record as Southcenter Parkway
and also appearing of record as 57 Avenue South) located in King County, Washington
and lying between the two following described lines A and B:
LINE A:
The southerly city limits of the City of Tukwila as said city limits cross Frager Road.
LINE B:
The north right -of -way line of South 200 Street in King County, Washington, at its
point of intersection with said Frager Road.
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TUKWILA EOLITH PROJECT
TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT xhibit B
FRAGER ROAD RIGHT OF WAY VACATION
TUKWU-A, 'ONO COUNTY, WASHINGTON. 1